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SENATE AMENDED
PRIOR PRINTER'S NOS. 1444, 2166, 2203, 3608
PRINTER'S NO. 3819
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1216
Session of
2017
INTRODUCED BY FARRY, D. COSTA, W. KELLER, FREEMAN, MILLARD,
READSHAW, CORBIN, McNEILL, DONATUCCI, V. BROWN, DEAN,
KAUFFMAN, SOLOMON, BULLOCK, DeLUCA, SCHLOSSBERG, WARD, RYAN,
WHEELAND, MASSER, WARREN, HILL-EVANS, GILLEN, DiGIROLAMO,
DAVIS, ROZZI, RADER, SAINATO, WATSON, ELLIS, ROE, NEILSON,
KORTZ, BARBIN, DEASY, RAVENSTAHL AND DALEY, APRIL 17, 2017
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, JUNE 22, 2018
AN ACT
Amending Title TITLES 18 (CRIMES AND OFFENSES) AND 42 (Judiciary
and Judicial Procedure) of the Pennsylvania Consolidated
Statutes, IN RIOT, DISORDERLY CONDUCT AND RELATED OFFENSES,
FURTHER PROVIDING FOR DEFINITIONS, FOR THE OFFENSE OF NEGLECT
OF ANIMAL AND FOR THE OFFENSE OF ATTACK OF GUIDE DOG; IN
TRADE AND COMMERCE, FURTHER PROVIDING FOR THE OFFENSE OF
DISCRIMINATION ON ACCOUNT OF GUIDE, SIGNAL OR SERVICE DOG OR
OTHER AID ANIMAL; AND, in particular rights and immunities,
providing for rescue from motor vehicle.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 is amended by adding a section to read:
SECTION 1. SECTION 5532(A) OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES, ADDED JUNE 28, 2017 (P.L.215, NO.10), IS
AMENDED TO READ:
SECTION 1. SECTION 5531 OF TITLE 18 OF THE PENNSYLVANIA
CONSOLIDATED STATUTES IS AMENDED BY ADDING A DEFINITION TO READ:
§ 5531. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
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SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"SERVICE, GUIDE OR SUPPORT DOG." A DOG THAT IS TRAINED OR IS
BEING TRAINED TO WORK OR PERFORM TASKS FOR THE BENEFIT OF AN
INDIVIDUAL WITH A DISABILITY CONSISTENT WITH FEDERAL AND STATE
LAW RELATED TO SERVICE ANIMALS.
* * *
SECTION 2. SECTIONS 5532(A) AND 5535 OF TITLE 18, ADDED JUNE
28, 2017 (P.L.215, NO.10), ARE AMENDED TO READ:
§ 5532. NEGLECT OF ANIMAL.
(A) OFFENSE DEFINED.--A PERSON COMMITS AN OFFENSE IF THE
PERSON FAILS TO PROVIDE [ANY OF THE FOLLOWING] FOR THE BASIC
NEEDS OF EACH ANIMAL TO WHICH THE PERSON HAS A DUTY OF CARE,
WHETHER BELONGING TO HIMSELF OR OTHERWISE, INCLUDING ANY OF THE
FOLLOWING:
(1) NECESSARY SUSTENANCE AND POTABLE WATER.
(2) ACCESS TO CLEAN AND SANITARY SHELTER AND PROTECTION
FROM THE WEATHER. THE SHELTER MUST BE SUFFICIENT TO PERMIT
THE ANIMAL TO RETAIN BODY HEAT AND KEEP THE ANIMAL DRY.
(3) NECESSARY VETERINARY CARE.
* * *
SECTION 2. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 5535. ATTACK OF [GUIDE] SERVICE, GUIDE OR SUPPORT DOG.
(A) OFFENSE DEFINED.--A PERSON COMMITS A MISDEMEANOR OF THE
THIRD DEGREE IF THE PERSON IS THE OWNER OF A DOG THAT KILLS,
MAIMS OR DISFIGURES A [GUIDE DOG OF AN INDIVIDUAL WHO IS BLIND,
A HEARING DOG OF AN INDIVIDUAL WHO IS DEAF OR AUDIBLY IMPAIRED
OR A SERVICE DOG OF AN INDIVIDUAL WHO IS PHYSICALLY LIMITED]
SERVICE, GUIDE OR SUPPORT DOG OF AN INDIVIDUAL WITH A DISABILITY
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WITHOUT PROVOCATION BY THE [GUIDE, HEARING OR SERVICE] SERVICE,
GUIDE OR SUPPORT DOG OR THE INDIVIDUAL.
(B) CULPABILITY.--A PERSON COMMITS AN OFFENSE UNDER THIS
SECTION ONLY IF THE PERSON:
(1) KNEW OR SHOULD HAVE KNOWN THAT THE DOG THE PERSON
OWNS HAD A PROPENSITY TO ATTACK HUMAN BEINGS OR DOMESTIC
ANIMALS WITHOUT PROVOCATION[, AND THE OWNER]; AND
(2) KNOWINGLY OR RECKLESSLY FAILED TO RESTRAIN THE DOG
OR KEEP THE DOG IN A CONTAINED, SECURE MANNER.
(C) PENALTY.--A PERSON CONVICTED OF VIOLATING THIS SECTION
SHALL BE SENTENCED TO PAY A FINE OF NOT MORE THAN $5,000 AND
SHALL BE ORDERED TO MAKE REPARATIONS FOR VETERINARY COSTS IN
TREATING THE [GUIDE, HEARING OR SERVICE] SERVICE, GUIDE OR
SUPPORT DOG AND, IF NECESSARY, THE COST OF OBTAINING AND
TRAINING A REPLACEMENT [GUIDE, HEARING OR SERVICE] SERVICE,
GUIDE OR SUPPORT DOG.
(D) CIVIL PENALTY AND RESTITUTION.--
(1) A PERSON WHO IS THE OWNER OF A DOG THAT KILLS, MAIMS
OR DISFIGURES A [GUIDE DOG OF AN INDIVIDUAL WHO IS BLIND, A
HEARING DOG OF AN INDIVIDUAL WHO IS DEAF OR AUDIBLY IMPAIRED
OR A SERVICE DOG OF AN INDIVIDUAL WHO IS PHYSICALLY LIMITED]
SERVICE, GUIDE OR SUPPORT DOG OF AN INDIVIDUAL WITH A
DISABILITY SHALL BE SUBJECT TO PARAGRAPH (2) IF BOTH OF THE
FOLLOWING APPLY:
(I) THE OWNER KNEW THE DOG HAD A PROPENSITY TO
ATTACK HUMAN BEINGS OR DOMESTIC ANIMALS.
(II) THE OWNER FAILED TO RESTRAIN THE DOG OR KEEP
THE DOG IN A CONTAINED, SECURE MANNER.
(2) A COURT OF COMMON PLEAS MAY IMPOSE ANY OF THE
FOLLOWING UPON A PERSON WHO IS THE OWNER OF A DOG UNDER
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PARAGRAPH (1):
(I) A CIVIL PENALTY OF UP TO $15,000.
(II) REPARATIONS FOR VETERINARY COSTS IN TREATING
THE [GUIDE, HEARING OR SERVICE] SERVICE, GUIDE OR SUPPORT
DOG AND, IF NECESSARY, THE COST OF RETRAINING THE DOG OR
OF OBTAINING AND TRAINING A REPLACEMENT [GUIDE, HEARING
OR SERVICE] SERVICE, GUIDE OR SUPPORT DOG.
(III) LOSS OF INCOME FOR THE TIME THE INDIVIDUAL IS
UNABLE TO WORK DUE TO THE UNAVAILABILITY OF THE [GUIDE,
HEARING OR SERVICE] SERVICE, GUIDE OR SUPPORT DOG.
SECTION 3. SECTION 7325 OF TITLE 18 IS AMENDED TO READ:
§ 7325. DISCRIMINATION ON ACCOUNT OF [GUIDE, SIGNAL OR SERVICE]
SERVICE, GUIDE OR SUPPORT DOG OR OTHER AID ANIMAL.
(A) OFFENSE DEFINED.--A PERSON IS GUILTY OF A SUMMARY
OFFENSE IF HE, BEING THE PROPRIETOR, MANAGER OR EMPLOYEE OF A
THEATRE, HOTEL, RESTAURANT OR OTHER PLACE OF PUBLIC
ACCOMMODATION, ENTERTAINMENT OR AMUSEMENT, REFUSES, WITHHOLDS OR
DENIES ANY PERSON, WHO IS USING A [GUIDE, SIGNAL OR SERVICE]
SERVICE, GUIDE OR SUPPORT DOG OR OTHER AID ANIMAL [THAT HAS BEEN
CERTIFIED BY A RECOGNIZED AUTHORITY] TO ASSIST [A PERSON,
BECAUSE OF THE PHYSICAL DISABILITY, BLINDNESS OR DEAFNESS OF THE
USER,] AN INDIVIDUAL WITH A DISABILITY OR WHO IS TRAINING A
[GUIDE, SIGNAL OR SUPPORT] SERVICE, GUIDE OR SUPPORT DOG OR
OTHER AID ANIMAL FOR [OR FROM A RECOGNIZED AUTHORITY FOR SUCH A
USER] AN INDIVIDUAL WITH A DISABILITY, THE USE OF OR ACCESS TO
ANY ACCOMMODATION, ADVANTAGE, FACILITY OR PRIVILEGE OF SUCH
THEATRE, HOTEL, RESTAURANT OR OTHER PLACE OF PUBLIC
ENTERTAINMENT OR AMUSEMENT.
(B) DEFINITION.--AS USED IN THIS SECTION, THE TERM "SERVICE,
GUIDE OR SUPPORT DOG" SHALL HAVE THE SAME MEANING GIVEN IT UNDER
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SECTION 5531 (RELATING TO DEFINITIONS).
SECTION 4. TITLE 42 IS AMENDED BY ADDING A SECTION TO READ:
§ 8340.3. Rescue from motor vehicle.
(a) (Reserved).
(b) Rescue of dog or cat.--No law enforcement officer,
animal control officer, humane society police officer or
emergency responder, or the employer of a law enforcement
officer, humane society police officer or emergency responder,
shall be liable for damage to a motor vehicle or the contents
thereof caused by entry into the motor vehicle for the purpose
of removing a dog or cat, if the law enforcement officer, humane
society police officer or emergency responder DOES ALL OF THE
FOLLOWING :
(1) Has a good-faith, reasonable belief that the dog or
cat is in imminent danger of suffering harm if not
immediately removed from the motor vehicle.
(2) Makes a reasonable effort to locate the driver of
the motor vehicle prior to entry.
(3) Takes reasonable steps to ensure or restore the
well-being of the dog or cat.
(4) Uses no more force than necessary under the
circumstances to enter the motor vehicle.
(5) Leaves notice on or in the motor vehicle stating the
reason entry was made, the name of the person and of the
person's employer, a telephone number and, if possible, the
location where the dog or cat may be retrieved.
(c) Limitation.--A person shall not be immune from civil
liability for damage resulting from the entry if the person's
actions constitute gross negligence, recklessness or willful or
wanton misconduct.
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Section 2 3 5. This act shall take effect in 60 days.
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